Fondren v. Durfee
Mississippi Supreme Court
Error to the Circuit Court of "Warren county. Hon. J. S. Yerger, judge. This was an action by Durfee against Fondren to recover damages for a false warranty of the soundness of two slaves sold by defendant to plaintiff. On the trial the plaintiff testified as to the unsoundness of one of tbe slaves, and tbe declaration made by tbe slave in reference to bis condition as stated in tbe opinion of tbe court. To tbe admission of tbis evidence tbe defendant excepted.
Read the full summary
Error to the Circuit Court of "Warren county. Hon. J. S. Yerger, judge. This was an action by Durfee against Fondren to recover damages for a false warranty of the soundness of two slaves sold by defendant to plaintiff. On the trial the plaintiff testified as to the unsoundness of one of tbe slaves, and tbe declaration made by tbe slave in reference to bis condition as stated in tbe opinion of tbe court. To tbe admission of tbis evidence tbe defendant excepted. Tbis exception is tbe subject-matter of bill of exceptions No. 1. During tbe progress of tbe trial defendant filed bill of exceptions…
1Opinion of the Court
Handy, J.,
delivered tbe opinion of tbe court:
This was an action to recover damages for tbe breach of a warranty of soundness of two slaves sold by tbe defendant to the plaintiff.
Tbe case comes up on several bills of exception taken to tbe rulings of tbe court on tbe trial, wbicb present tbe questions for our consideration.
Tbe first exception is taken to tbe admission of certain statements made by one of tbe slaves to tbe plaintiff in regard to bis *326health. The witness was asked “whether or not the slave complained to him (his master) of being sick, and what the slave said to him upon that…
2Cases cited1 opinion
- Shewalter v. FordMississippi Supreme Court · 1857
3Cited by7 opinions
- Woolsey v. ZieglarSupreme Court of Oklahoma · 1912
- Field v. StateMississippi Supreme Court · 1879
- Bowers v. RossMississippi Supreme Court · 1877
- McCann v. UllmanWisconsin Supreme Court · 1901
- Moore v. EmersonMissouri Court of Appeals · 1895
2 more not listed; retrieve them via the Exa API.